UNICA-BPA JV, LLC (B-422580.3)

You should care.

Category: SAM registration, discussions

Date: 8 January 2025

URL: https://www.gao.gov/products/b-422580.3

UNICA-BPA JV, an 8(a) small business, protested its elimination from a Homeland Security competition for Federal Law Enforcement Training Center (FLETC) dormitory management support services. The agency excluded UNICA on the basis that the firm lacked active registration in the System for Award Management (SAM) at the time of its initial proposal submission. UNICA contended that its final proposal revision (FPR) extinguished the initial proposal, and as it had an active SAM registration when submitting the FPR, it met the solicitation's requirements.

SAM registration timing: GAO determined that under FAR 52.204-7, the term "offer" referred to the FPR, which replaces earlier submissions during negotiations, and thus UNICA met the requirement by having active SAM registration at that time.

Agency’s process: GAO criticized FLETC's decision to retroactively exclude UNICA based on the earlier proposal after it had accepted the FPR, finding the exclusion unreasonable.

Competitive prejudice: GAO concluded that the agency’s improper exclusion deprived UNICA of a substantial chance at receiving the contract, given that it was the presumptive awardee.

GAO sustained the protest, underscoring the importance of procedural accuracy during evaluations, particularly in defining compliance timelines for requirements such as SAM registration.

Digest

Protest challenging protester’s elimination from competition for failing to have active registration in the System for Award Management is sustained where the agency included protester in competitive range and protester had active registration at time of final proposal revision.